Created by Fuzzy Cloud

Patna High Court

Hasanain @ BablooversusTARANNUM @ PINKI

Decided
Disposal
ALLOWED

Holding

A criminal revision dismissed for non‑prosecution may be restored upon showing sufficient cause, notwithstanding Section 403 of the BNSS.

Summary

Hasanain filed an application seeking restoration of Criminal Revision No.458 of 2024, which had been dismissed for failure to comply with an order dated 06-09-2024. The petition raised the question of whether Section 403 of the BNSS, which restricts alteration of a final judgment, precludes restoration of a dismissed revision. The Court examined the provision and held that it does not bar restoration when sufficient cause is shown, citing the Supreme Court’s decision in Vishnu Agarwal v. State of U.P. The Court found the reasons and affidavit satisfactory and ordered the revision to be restored to its original file. Consequently, the restoration application was allowed.

Issues considered

  • Does Section 403 of the BNSS prohibit restoration of a criminal revision dismissed for non‑prosecution?
  • Can a final judgment be altered or restored on grounds of sufficient cause despite the restriction in Section 403?

Legislation cited

Subjects

  • restoration
  • criminal revision
  • Section 403
  • non‑prosecution
  • final judgment
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2672 of 2026
                                              In
                                 CRIMINAL REVISION No.458 of 2024
                             Arising Out of PS. Case No.-40 Year-2023 Thana- District- Araria
                 ======================================================
                 Hasanain @ Babloo S/O Nizam Resident Of Village- Salaigarh, Police
                 Station- Madanpur O.P., District- Araria

                                                                                      ... ... Petitioner/s
                                                 Versus
           1.    Tarannum @ Pinki Wife Of Hasanain @ Babloo Resident Of Village -
                 Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present -
                 Daughter Of Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh,
                 District - Purnea
           2.    Adab @ Kainen Son Of Hasanain @ Babloo Resident Of Village -
                 Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present
                 Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of
                 Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea
           3.    Rimjhim @ Najmin Daughter Of Hasanain @ Babloo Resident Of Village -
                 Salaygarh, Police Station - Madanpur O.P., District - Araria. At Present
                 Represented Through His Mother Namely Tarannum @ Pinki, Daughter Of
                 Shamim, Resident At Village - Bharaili, P.S. - Jalalgarh, District - Purnea
           4.    Jhilmil Daughter Of Hasanain Resident Of Village - Salaygarh, Police
                 Station - Madanpur O.P., District - Araria. At Present Represented Through
                 His Mother Namely Tarannum @ Pinki, Daughter Of Shamim, Resident At
                 Village - Bharaili, P.S. - Jalalgarh, District - Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   15-04-2026                       Heard Mr. Ramesh Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Ajit Kumar,

                   learned APP for the State.

                                2. The petitioner seeks restoration of Cr. Rev. No.458

                   of 2024 which stood dismissed for non compliance of the order

                   dated 06.09.2024.
              Patna High Court CR. MISC. No.2672 of 2026(3) dt.15-04-2026
                                                          2/2




                                     3. In the opinion of this Court, Section 403 of the

                        BNSS provides as follows:

                                                “403. Court not to alter judgment.
                                                Save as otherwise provided by this Sanhita or by
                                                any other law for the time being in force, no Court,
                                                when it has signed its judgment or final order
                                                disposing of a case, shall alter or review the same
                                                except to correct a clerical or arithmetical error.”


                                     4. The aforesaid provision, though placing a

                        restriction on alteration or review of a final judgment, does not

                        preclude restoration of a matter dismissed for non-prosecution,

                        upon sufficient cause being shown, in order to secure the ends

                        of justice as held by the Apex Court in the case of Vishnu

                        Agarwal vs State Of U.P. & Anr passed in Criminal Appeal

                        No(S). 1323 Of 2004.

                                     5. In view of the information and the reason assigned

                        in the restoration application and the affidavit, the Cr. Rev.

                        No.458 of 2024 is restored to its original file.

                                     6. The restoration application stands allowed.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.